Top tips for hiring/recruiting from overseas from January 1st, 2021

As of January 1st, 2021, you’ll need to have a sponsor license to hire most workers from outside the UK. 

Freedom of movement ended on 31 December 2020.  Since then, in most cases, employers will need a sponsor licence if they want to hire workers from outside the UK and overseas nationals will need a visa to work in the UK.  This does not apply to Irish citizens or to EEA and Swiss citizens you already employ in the UK.

 There are 4 routes to take when approaching this topic:

Intra-Company Transfers

  • Be sponsored as an Intra-Company Transfer by a Home Office licensed sponsor – if the employer already holds an Intra-Company Transfer sponsor licence, they will automatically be granted a new Intra-Company Transfer licence
  • Be paid at least £41,500 or the ‘going rate’ for the job, whichever is higher
  • Permission for workers transferred to the UK under this route is temporary, so they cannot apply to settle permanently in the UK under this route

Skilled Workers 

  • The job offer is at the required skill level of RQF3 or above (equivalent to A level)
  • They will be paid at least £25,600 or the ‘going rate’ for the job offer, whichever is higher.  If the job will pay less than this - but at least £20,480 – they may still be able to apply by ‘trading’ points on specific characteristics against their salary.
  • They speak English at the required level

Sponsor license 

  • A sponsor licence (formerly known as Tier 2 Sponsor licence) allows UK-based companies to employ skilled workers who are based overseas or within the UK (applicants can “switch” into the Skilled Worker visa from most other visa types, for example Tier 4 Student and Tier 2 visas).
  • To be eligible to apply for a Sponsor Licence your organisation must have a UK presence and be operating or trading lawfully in the UK.
  • To be eligible to apply for a Sponsor Licence your organisation must have a UK presence and be operating or trading lawfully in the UK.

More info on the Government website: https://www.gov.uk/guidance/recruiting-people-from-outside-the-uk

How to follow the new immigration system

  • Make sure all your existing EU staff have EU settled visas or have started the application process.
  • If you rely on workers from the EU, plan new recruitment solutions for when this source of labour is switched off in 2021.
  • If you employ EU citizens who moved to the UK from 1 January 2021, budget for new visa costs.
  • If you wish to employ foreign nationals, including EU citizens not already living in the UK, you will need to apply for a sponsor licence online at www.gov.uk

If you want to discuss any recruitment plans for 2021 then please do get in touch!

Sonny Dickinson

sonny@corecruitment.com 

+44 (0) 207 790 2666

Author

Date Published: 4th January 2021